Legal Question in Wills and Trusts in New York

In Surrogate's Court, do citations get issued to parties already issued a Notice of Probate or do citations get issued only to other living relatives whether or not they were mentioned in the Will? Are the Notices of Probate mailed by me as executor and then is it up to the court to issue and mail the citations or do I mail both or what?


Asked on 4/25/21, 11:23 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Typically distributees (whether or not in the will) sign a Waiver and Consent to Probate, or are served with a Citation, and everyone else gets a Notice of Probate, as you've done a great job figuring out. But sometimes a person who would normally get a Notice of Probate instead has to get a citation. It happens from time to time for various reasons, and unfortunately there's no organized list itemizing these circumstances. It's one of those aspects of probate which is learned over time. Yes the court issues the citation, and then you have it personally served, or mailed, or published, as the case may be.

Good luck!

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Answered on 4/25/21, 2:32 pm


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